Bartolus de Saxoferrato
Bartolus de Saxoferrato, it. Bartolo da Sassoferrato (* probably end in 1313 in the village venatura at - today part of - Sassoferrato, Marche, † July 13, 1357 in Perugia ) was one of the most important jurist of the Middle Ages. He belonged to the direction of the commentators. Characteristic of his reputation with the later jurists of the Ius commune is the set nemo bonus nisi iurista bartol ista. - No one is a good lawyer, if he is not Bartolist (followers of Bartolus ).
Life and work
Bartolus began his studies in Perugia, then moved to Bologna, where he became in 1334 a doctorate. From 1339 he taught himself, first in Pisa, then in Perugia. There they made him an honorary citizen in 1348. Emperor Charles IV appointed him in 1355 to his advice. Bartolus was well disposed towards the Emperor pretty friendly: he also wrote glosses one apparatus to the laws of the Emperor Henry VII, Charles 's grandfather. Henry had adopted in 1313 laws against treason ( crimen laesae maiestatis ) and allow to launch as extravagant in the Corpus Iuris Civilis - the ultimate laws that have been inserted into the corpus of late antiquity. In Perugia Baldus de Ubaldis and his brothers Peter Angelus and his students were. With only 43 years, died Bartolus, who already enjoyed great prestige during his lifetime.
Despite its short life time Bartolus left a very extensive body of work that includes not only comments on all parts of the Corpus Juris Civilis, but the institutions, but also many treatises on specific issues ( including a famous treatise on the river right: De fluminibus seu Tyberiadis ) and over 300 reports ( Konsilien ). He developed many new legal thought about the retroactive effect of the condition and approaches to an international private law and criminal law. He has also dealt with constitutional questions; especially his work De regimine civitatis part of the history of political theories and the sovereignty of the people.
Whether the well-known work Quaestio inter Virginem Mariam et diabolum is a genuine signature of Bartolus is unclear.
Aftereffect
"It was not something else which he undertook, in comparison with his predecessors, but he did it better than most of them" ( ref: Savigny, p 157). Although Bartolus invented a new method of jurisprudence, but he acquired by the quality of comments, the da Pistoia circumstances linked to the work of the southern French lawyer and his teacher Cino, great fame and was recognized as head of the school of commentators and " Prince of lawyers " ( principe de ' Giureconsulti ) viewed.
His posthumous reputation is evidenced not only by the mentioned motto nemo bonus iurista nisi bartol ista, but also by the fact that in Spain 1427/1433 and 1499 and in Portugal in 1446 laws were enacted, according to which could be cited in court no works of jurists, who after Bartolus had lived and - if there was a lack of a statutory provision - the view of the Bartolus should have the force of law.
That one Bartolus temporarily as the greatest jurists simply looked at her, reflected in the fact that in the Italian theater of the name Bartolo for the type of the ( stiff and pedantic ) lawyer ( figure of Dottore in the Commedia dell'Arte ) was common. Still in Gioachino Rossini's opera The Barber of Seville and The Marriage of Figaro by Wolfgang Amadeus Mozart, there is the figure of such a Dr. Bartolo.
Expenditure
- Bartoli Commentaria partem in first intention Codicis. de Harsy, Lugduni 1550 ( Digitized edition of the University and State Library Dusseldorf )
- Bartoli Commentaria partem in secundam Codicis. de Harsy, Lugduni 1550 ( Digitized edition )
- Bartoli Commentaria in tres libros Codicis. Lugduni 1549 ( Digitized edition )
- Bartolus de Saxoferrato: Opera omnia. In ius civile universe Commentaria, consilia, tractatus et repertorium Bartoli, Interpretum iuris Coryphaei. Basel 1562